This chapter shall be known, and may be cited, as the California Freedom to Read Act.
Chapter 10California Freedom to Read Act
Section § 19800
This section names and allows citation of the law as the California Freedom to Read Act.
California Freedom to Read Act naming citation freedom to read legal citation title law title reading rights California education laws freedom of information reading legislation information access California statute titles
Section § 19801
This section of the law emphasizes the importance of libraries as essential sources of information, education, and enlightenment for everyone. It highlights that libraries should be open to all, regardless of personal characteristics or views, and that censorship, such as banning books, is harmful to free expression. Librarians are recognized as trained professionals responsible for providing diverse and comprehensive collections that reflect the various interests and backgrounds of the community.
The Legislature finds and declares all of the following:
(a)CA Education Code § 19801(a) Libraries are essential for information, education, and enlightenment of all people of the community the library serves.
(b)CA Education Code § 19801(b) Libraries provide access to books that offer teachable moments for readers of all ages and expand our understanding of people with different backgrounds, ideas, and beliefs.
(c)CA Education Code § 19801(c) A person’s right to use a library should not be denied or abridged solely because of personal characteristics, age,
background, or views.
(d)CA Education Code § 19801(d) Removing and banning books from public libraries are dangerous acts of government censorship and erode our country’s commitment to freedom of expression and the right to receive information.
(e)CA Education Code § 19801(e) Librarians are professionals trained to not impose their own thoughts and opinions on which ideas are right, but to make knowledge and ideas available so that people have the freedom to choose what to read.
(f)CA Education Code § 19801(f) Librarians and library staff receive extensive professional training to develop and curate collections to meet the broad and diverse interests of their communities, which include, but are not limited to, literary value and developmental appropriateness of material.
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Section § 19802
This law requires all public libraries that receive state funding to have a written policy on how they choose and manage their collection by January 1, 2026. The policy must outline how the community can express concerns about library materials, guide the selection process, and ensure access to a wide range of ideas and viewpoints. Librarians cannot be punished for following these policies. Libraries cannot restrict or ban materials based on their content or the characteristics of the subjects or authors unless the content is obscene according to the U.S. Supreme Court. Furthermore, everyone has the right to use the library and its resources without discrimination, and their privacy in borrowing materials will be protected. This law does not apply to school libraries or libraries run by school entities.
(a)Copy CA Education Code § 19802(a)
(1)Copy CA Education Code § 19802(a)(1) Every public library jurisdiction that directly receives any state funding, including, but not limited to, state funding pursuant to this part, shall establish, adopt, and maintain a written and publicly accessible collection development policy for its public libraries by January 1, 2026, and shall submit that collection development policy to the State Librarian. The State Librarian or their designee may provide technical assistance to public libraries in developing their collection development
policy. The collection development policy, at a minimum, shall do all of the following:
(A)CA Education Code § 19802(a)(1)(A) Establish a process for community members to share their concerns regarding library materials and to request that library materials be reconsidered for inclusion in the library’s collection.
(B)CA Education Code § 19802(a)(1)(B) Guide the selection and deselection of library materials.
(C)CA Education Code § 19802(a)(1)(C) Acknowledge that the public library’s collection meets the broad and diverse interests of the community and respect both the library’s autonomy and their specific community needs.
(D)CA Education Code § 19802(a)(1)(D) Establish that the public library serves as a center for voluntary inquiry and the
dissemination of information and ideas.
(E)CA Education Code § 19802(a)(1)(E) Acknowledge that library materials should be provided for the interest, information, and enlightenment of all people, and should present diverse points of view in the collection as a whole.
(F)CA Education Code § 19802(a)(1)(F) Acknowledge the right of the public to receive access to a range of social, political, aesthetic, moral, and other ideas and experiences.
(2)CA Education Code § 19802(a)(2) A librarian, library media specialist, other employee, or contractor at a public library shall not be subject to termination, demotion, discipline, or retaliation for either of the following:
(A)CA Education Code § 19802(a)(2)(A) Refusing to remove a library material before it has been reviewed in accordance with the public
library’s process for the reconsideration of library materials established pursuant to subparagraph (A) of paragraph (1).
(B)CA Education Code § 19802(a)(2)(B) Making displays, acquisitions, or programming decisions that the employee or contractor believes, in good faith, are in accordance with the requirements of this section.
(b)Copy CA Education Code § 19802(b)
(1)Copy CA Education Code § 19802(b)(1) The governing board or body of a public library, or any body or commission designated to review the procurement, retention, or circulation of, or access to, library materials, shall not proscribe or prohibit the circulation or procurement of, or access to, any library materials in a public library because of the topic addressed by the materials or because of the views, ideas, or opinions contained in those materials.
(2)Copy CA Education Code § 19802(b)(2)
(A)Copy CA Education Code § 19802(b)(2)(A) Library materials in public libraries shall not be excluded, and access to library materials shall not be limited, solely on the bases of any of the following:
(i)CA Education Code § 19802(b)(2)(A)(i) The race, nationality, gender identity, sexual orientation, religion, disability, political affiliation, or any other characteristic listed in subdivision (a) of Section 12940 of the Government Code, or the socioeconomic status of a subject of the library materials, an author of the library materials, the source of the library materials, or the perceived or intended audience for the library materials.
(ii)CA Education Code § 19802(b)(2)(A)(ii) The library materials contain inclusive and diverse perspectives.
(iii)CA Education Code § 19802(b)(2)(A)(iii) The library materials may include sexual content, unless that content qualifies as obscene under United States Supreme Court precedent.
(B)CA Education Code § 19802(b)(2)(A)(B) This paragraph does not apply to library materials excluded, or for which access is limited, pursuant to a library maintenance and deaccession policy.
(3)CA Education Code § 19802(b)(3) The governing board or body of a public library, or any body or commission designated to review the procurement, retention, or circulation of, or access to, library materials, shall not create policies or procedures that limit or restrict access to
library materials offered by the public library unless the policies or procedures are adopted to preserve the safety or security of the library materials, are time, place, and manner restrictions not based on the content of materials, or are programs that provide for the effective management of the library and its resources to preserve access for all library users.
(c)CA Education Code § 19802(c) A person’s right to use a public library and its resources shall not be denied or abridged solely because of personal characteristics, age, background, or views.
(d)CA Education Code § 19802(d) All people, regardless of personal characteristics, age, background, or views, possess a right to privacy and confidentiality in the materials they borrow from libraries.
(e)CA Education Code § 19802(e) This section applies to a public library, as defined in Section 18015, including any public library operated on a contractual basis, or by a city, including a general law or charter city, county, special district, or joint powers authority, except that it does not apply to any school library, as defined in Section 18710, or any library operated by the governing board of a school district, a county board of education, or the governing body of a charter school.
(f)CA Education Code § 19802(f) For purposes of this section, the following definitions apply:
(1)CA Education Code § 19802(f)(1) “Library materials” includes, but is not limited to, books, periodicals and serials, audio materials, audiovisual materials, instructional materials, maps, databases, government documents, records, photographs, and all other similar materials,
whether in tangible or electronic form. “Library materials” does not include hardware, tools, instruments, computers, appliances, or other items that are not for the primary purpose of conveying ideas or information.
(2)CA Education Code § 19802(f)(2) “Public library jurisdiction” means a county, city and county, city, or any district that is authorized by law to provide public library services and that operates a public library described in subdivision (e).
public libraries collection development policy community concerns library materials state funding diverse perspectives librarian protection access to information inclusive views material selection privacy in borrowing non-discrimination library collection autonomy community interests technical assistance from State Librarian
